The Commission establishes sentencing policies and practices for the federal courts. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community.

In this section, you can follow the Commission’s work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted.

The U.S. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Commissioners are nominated by the President and confirmed by the Senate. The Attorney General, or the Attorney General’s designee, and the Chair of the U.S. Parole Commission serve as ex officio, nonvoting members of the Commission.

In this section, learn about the Commission’s mission, structure, and ongoing work.

E

Early Disposition Program

Also known as “Fast Track” Programs, these programs allow for a downward departure of not more than four levels for an expedited guilty plea program authorized by the Attorney General of the United States and the United States Attorney in a specific district. (§5K3.1).

Embezzlement

Theft of funds placed in one’s trust or belonging to one’s employer.

Ethics and Compliance Programs

Ethics and compliance programs are designed to prevent and detect criminal conduct in organizations. (§8B2.1).

Ex Post Facto Clause

The Ex Post Facto Clause in the U.S. Constitution forbids increasing a criminal penalty after a person has committed an offense, and also forbids making an act illegal after a person has performed that act. (See also “One Book Rule”.)

Ex Post Facto Law

A law that applies retroactively, especially in a way that negatively affects a person’s right, as by criminalizing an action that was legal when it was committed.

Expanded Relevant Conduct

A relevant conduct principle that allows the court to consider acts, often uncharged, that are part of the “same course of conduct, common scheme or plan” as the offense of conviction in application of Chapters Two and Three of the Guidelines Manual.

Expunged Convictions

Convictions that have been expunged (removed from a person’s criminal record) are not counted in the determination of the defendant’s criminal history (§4A1.2(j)), but may be considered for an upward departure under Adequacy of Criminal History (§4A1.3).

Extreme Conduct

An upward departure from the guidelines range may be appropriate if the defendant’s conduct was unusually heinous, cruel, brutal, or degrading to the victim (§5K2.8).

Extreme Psychological Injury

An upward departure from the guidelines range may be appropriate if a victim or victims suffered psychological injury much more serious than that normally resulting from commission of the offense (§5K2.3).